A friend owes me money

malcumms7898

As they say, never lend money to a friend because you will lose both the money and the friend.

As someone above said I would try and talk to him face to face, it is easy to ignore people on Facebook. Confront him with these other people he owes money to and mention about how you know he is wasting money on TVs and Xboxes and so on. Try and get some form of written agreement from him to pay the money back or he will just brush you off with excuses.

pmlindyloo

Forget about messaging/talking to him write an old fashioned letter (post from two separate post offices and keep the free receipts - accepted in court as proof of postage and receipt)

Detail in the letter when you lent him the money, what for and enclose receipts of what is owed (obviously only copies)

Head the letter LETTER BEFORE ACTION (not actually needed but makes it more formal)

Also say you have received professional advice about this debt and if you do not receive a reply within ---- days then you will be taking legal action, as is your right.

If you are feeling generous you may want to offer a repayment plan at so much per week/month which must be set up by Direct Debit.

Of course if you want to go the whole hog then you could pay for a solicitor to write a letter for you. Just make sure if you write your own letter it is formal and preferably typed.

Whatever you do, keep away from Facebook!

If you do not receive a reply then take him to the small claims court.

Judges are not keen if you go straight to court without some formal negotiations.

Have a read of this for the procedure:

Before applying to the small claims court

As many people have said there may be little chance of getting any money back if he can prove that he has no money. His boasting on Facebook does not prove that he has money. For all you know these purchases etc may be funded on a credit card.

The letter itself may be enough for him to pay up. If not, then you need to make decision as to whether it is worth it.

Unfortunately the small claims court is not like the TV programme Judge Judy and they will only be interested in facts and evidence. if you haven't got the evidence that this was a debt and not a gift then you will not get far.

Mallotum_X

If all else fails them embarrass him on facebook asking for your money back directly on his wall or something like that

C_Mababejive

Engage him in a conversation about it whilst covertly recording it on your mobile. It may not be legal but at least when you rat him out on FB or wherever,he cant deny it. If he refuses to pay or make a solid arrangement,lodge the MCOL and bin him off.

CKhalvashi

Mallotum_X wrote: »

If all else fails them embarrass him on facebook asking for your money back directly on his wall or something like that

That would be in breach of any guidance, which as a creditor could see OP in a lot of trouble.

This could cause more problems than it solves, seriously.

CK

Mallotum_X

CKhalvashi wrote: »

That would be in breach of any guidance, which as a creditor could see OP in a lot of trouble.

This could cause more problems than it solves, seriously.

CK

More likely to get a result though.

BrookesAndrew

Have you had any luck? He owes you the money so if this was me I would do my best to get it back.

worried48

Some friend he is, if he knows you are unemployed and has money but won't pay back what he owes you!

buzbuzz

Thanks to everyone for all the advice.

I will leave it a week or so and write him a letter as so many have suggested.

Regarding ratting him out on his wall, I did actually post something like 'oh, so you can start paying your debts off now you've bought a 42" plasma' while he was posting pictures and bragging just over a year ago. That did get a response and this is when he claimed to have set up a standing order.

I was actually talking to a very good friend of mine who he also owes money too, he's not that bothered about his £100 or so as he's quite well off, but he did say that he's heard he owes money of around £100 to several people and that the general consensus is that he sees it as his money now and that if people can lend it they can afford to lose it. It's this attitude that really gets to me, I could really do with the money right now but it is partly the principle too. I do actually think a solicitors letter or a money claim summons will at least shock him.

It ammounted to 2 holidays because he was going through a real rough patch when his mrs left him and he was lumbered with the whole mortgage payments. THe second holiday was actually booked first. I was already booked on the first holiday with other friends and I offered to lend him the money to come at the last minute. I was very clear to him that it was a loan and I would need him to pay it back. There was a few of us that were very close a few years ago, we all used to help each other out.

What I find bizzare is that certain off the cuff comments on facebook etc can get people taken to court and such, but a statement in messages saying 'as far as I'm concerned I only owe you about £800' and 'I've set a standing order up for the end of the month' means absolutely nothing.

I know it's my own stupid fault, and it's highly likely I'll never lend anyone any money again to anyone except my mum.

Slowhand

buzbuzz wrote: »

....I know it's my own stupid fault, and it's highly likely I'll never lend anyone any money again to anyone except my mum.

Nope, she's your mum so you will willingly give her the money and not lend it to her?